Richard E. Lutringer, Esq.
Offices of Richard Lutringer
500 Fifth Avenue
Suite 1610
New York, NY 10110
Hourly Rate $450
Current Offices of Richard Lutringer - Principal
Practice 12
Cases 210
Languages English
Offices of Richard Lutringer - Principal
Principal, Offices of Richard Lutringer, 2008-present; Partner/Counsel, Schiff Hardin LLP, 2004-07; Partner, Morgan Lewis LLP, 1994-04; Partner/Associate, Whitman & Ransom LLP, 1972-04.
Has served as a mediator for disputes involving commercial, tort, corporate and other issues as a member of the mediator panel of the USDC (SDNY, EDNY and EDNY Bankruptcy Court), NY Supreme Court , Commercial Division(NY and Queens County), New Jersey Superior Court, AAA, CEDR, FINRA ,NADM , CPR, NY County Surrogate's Court (probate court), and in corporate/civil matters referred by attorneys on an ad hoc basis, including the following representative matters:

FINANCE - Fee dispute between business broker and principal; and dispute between shipper and consignee's bank regarding claim for unauthorized documentary payment.

CORPORATE/BUSINESS DIVORCE - Claim by former principal/shareholder of securities brokerage company based on misrepresentation in corporate redemption/repurchase agreement; claim by preferred shareholder for failure to properly redeem in accordance with terms of preferred stock; intra-corporate issues among LLC principals involving a dispute with shareholder/former manager, dispute among related owners of membership interests of LLC owning NYC real estate, mediated numerous ongoing disputes among four equal owners of company in nationwide advertising business.
advertising

INTERNATIONAL CONTRACTS : mediated disputes involving split-up of Italian owners of NYC restaurant restaurant, between Chinese exporter of agricultural commodities with US multinational buyer, termination of US distributor and sales agent of major German manufacturer of bathtubs, appliances and related products to US wholesalers and OEM's.


INSURANCE - Coverage and liability issues for cargo damage., coverage for product liability of manufacturer for claims of property damage due to defective products

PRODUCT WARRANTY - Claim for payment for imported Turkish textile goods, and defense of defective products.

Also has mediated community (neighbor dispute) cases on a pro bono basis.
A sample of issues handled include:

-$500,000 claim for payment of commission by commercial mortgage broker, including issues of licensing, scope of engagement, and activities of lender during exclusivity period;

-$25 million claim for fraudulent concealment of material fact in connection with buy-out of minority shareholder, including issues of contractual waiver, actual knowledge, and fraud;

-$50,000 claim for reimbursement by all-risk carrier from freight carrier for damage occurring while goods in transit (issues of notice, coverage, potential claims against third parties);

-$800,000 claim for damages due to firing of alleged whistleblower employee by company providing services under federal contract (issues involving federal audit procedures, subcontractor responsibility for compliance with federal procedures, employee misrepresentation and performance issues);

-Claim that board of directors of closely-held corporation was improperly elected and majority of shareholders engaged in oppression of minority shareholders (involved conflicting interpretations of NYBCL, charter and by-law provisions concerning conflicts between shareholder factions);

-$10 million claim for damages suffered by manufacturer due to premature release of documents covering shipped goods by buyer's bank contrary to shipping documents (involved interpretation of ICC/UCC provisions, promissory estoppel);

-$50 million dispute regarding ownership of significant artwork in estate of decedent (issues involved validity of gifts, control of business, unauthorized distribution of assets);

-Claim for recision and damages with respect to investment in franchised business, including allegations of fraud and misrepresentation in franchise offering documents;

- various EEOC claims by employees of university, US Postal Service, real estate management company, wireless company, clothing chain, TV network;

-Recycling company claims against customer/manufacturer for contract breach;

- claim of joint venturer manufacturer of machine tools against co-venturer alleging breaches of agreement regarding real estate.
As an advocate, has represented companies in proceedings such as:

-Mediation between component supplier and locomotive manufacturer over the responsibility for $50 million damages (issues included enforceability of contractual damage limitation, causation, notice, actual extent of damages claimed).

-Arbitration involving a $10 million dispute between software developer and pharmaceutical service company regarding supply of software in accordance with agreement.
Mediation style dependent on the type of dispute and the informed choice of the parties. Usually I start a session with a broad facilitative approach in order to flesh out the issues and positions. During an earlier aattorneys-only telephone conference there is agreement on ground rules and participants, I have found it useful to meet alone with each party's counsel (and sometimes counsel and client), prior to the first formal mediation session to get their view of the dispute, their legal positions and their underlying interests. At that meeting, as well as in caucus during the mediation, this will often include reality testing to uncover with the respective attorneys the objective strengths of their position and any barriers to settlement. I often coach each party in effectively presenting their positions and interests to the other side.

I respect the legal judgment of the lawyers representing the parties who have examined the relevant case law and facts, but am also aware of the tendency for both parties and advocates to put the best possible light on one's own arguments and view of disputed facts, My value as a mediator resides in my assistance to each party and their lawyers in evaluating for themselves their "BATNA" (best alternative to a negotiated agreement), their "WATNA" (worst alternative to a negotiated agreement), and their "MLATNA" (most likely alternative to a negotiated agreement). In addition to the interpretation of an ambiguous contract clause or the applicable law, the result will likely depend on many less calculable factors, including the particular forum, the credibility of witnesses and other evidence, the financial situation of each side, the error reversal rate in that court, the foreseeable expense to reach a judicial result, and, in the plaintiff's case, the practical enforceability of any judgment. If appropriate, I will engage in "shuttle" bargaining to reach a negotiated settlement. In some cases, but usually only after there has been substantial progress on the most significant issues, with the consent of the parties, I have successfully used a "mediator's proposal" to break a remaining impass.

The power of a mediator lies in assisting each side to see the case as objectively as possible, working with underlying resistance to resolution, encouraging the parties to do the math and letting the mediator help them present their case in a way to negotiate the best possible settlement in the particular circumstances.
Available upon request.
AAA Advanced Mediator Training, Expanding the Mediator Toolbox:Blending Advanced Mediation Strategies 2019; AAA How to Increase Your Chances of Reaching a Successful Mediation Settlement Agreement, 2016; AAA Convening the Mediation: What Can and Should Mediators Do When All Parties Haven’t Yet Agreed to Mediate?, 2015; AAA, Get a Grip! Wrangling the Mediation Process to Improve Your Chances of Success in Multi-Party Disputes 2015; AAA Webinar, Guided Choice: Innovations in Mediation to Get Better Settlements at Less Cost, 2014; AAA Webinar, Guided Choice: Innovations in Mediation to Get Better Settlements at Less Cost, 2014; AAA/ICDR Neutrals Conference, 2012; AAA Webinar, Muscular Arbitration Series: Using Mediation Concurrent With Arbitration, 2012; AAA Webinar, Controlling Chaos in Mediation: Navigating the Behavioral Paradigm, 2012; AAA Advanced Mediator Training, 2011; AAA Webinar, How Are Your (Negotiation) Table Manners?, 2011; AAA, Advanced Mediator Training, 2010; ACMI Training, 2008, 2007; ICC, Amicable Dispute Resolution Training, 2008; NYS Unified Court System, Advanced Mediation Training, 2008, 2007; CPR, Advanced Mediation Skills, 2007; University of Connecticut, Quinnipiac Law School, Basic Mediation Training, 2006.
Admitted to the Bar, New York, 1972; U.S. District Court, Southern (1973) and Eastern (2007) Districts of New York; U.S. Bankruptcy Court, Eastern District of New York, 2007.
National Academy of Distinguished Neutrals, New York City Bar Association (ADR Committee, Subcommittee on Surrogate's Court Mediation, Chair); New York State Bar Association (Dispute Resolution Section); New York State Dispute Resolution Association (Board of Directors; Board Member; Ethics and Standards Committee, Chair); Association for Conflict Resolution (ACR), Co-Chair Resource Development Committee (2012-2013),ACR, Greater New York Chapter (Board of Directors; Board Member;; American Foreign Law Association (Past President), Family Firm Institute.
College of William & Mary (BA); Cornell University (JD); University of Chicago (MCL).
AV Rated, Who's Who in American Law (Marquis), Competition Judge of ICC Annual Mediation Competition (2010-2013)
Publications :
“Who’s Got the Will - Mediating probate disputes among siblings”,Palm Desert Library, ((January 2020)
“Recognizing Cognitive Biases in Mediation”,Workshop for Court Mediators, Riverside CA (Fall, 2019
“Recipe for a Successful Mediation—Listening”, wp.cdpie.org (Summer 2014)
“Active Listening for Commercial Mediators, ACR-GNY Practice Tip, www.ACRGNY.ORG/forum_ADR_tip (March, 2010)
The “X”Factor for Successful Mediations”, ACR-GNY Practice Tip, www.ACRGNY.ORG/forum_ADR_tip(October,2010)
"Mediating Family Business Disputes", ACR 2013 Annual Conference, New York State Dispute Resolution Association 2013 Annual Conference
-"Mediating Small and Family Business Disputes", ACR Annual Conference, New Orleans, 2012
Mediating Disputes of Small and Family-Owned Companies, St. John's University Law School, 2012
-"Bar and Bench Resistance to Mediation", Annual Conference, Association for Conflict
Resolution, Greater New York Chapter (New York, June, 2011)
-"Using Mediation to Resolve Probate Disputes," New York State Bar Association, Elder Law,
Senior Lawyers and DR Section Meeting (White Plains, 2010) "Mediating Business Divorce Disputes," NY Dispute Resolution Lawyer, October 2010; "[Shareholder] Buy-Sell Agreements," NEW YORK ENTERPRISE REPORT, December 2007; "Beyond Battleaxes and Crossbows - Minimizing Litigation Trauma in the U.S. through Mediation," GERMAN AMERICAN TRADE, German American Chamber of Commerce, May 2007; "International Corporate Governance: A Comparative View of the Independent Director in the United States and Europe," NEW YORK LAW JOURNAL, November 2006; co-author, "Compensating U.S. Employees with Options to Buy German Parent Company Shares," US-GERMAN ECONOMIC YEARBOOK, German-American Chamber of Commerce; contributor, "The Investor/Host State Dispute Settlement Provisions of NAFTA," BULLETIN OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK, 1993.

SPEAKING ENGAGEMENTS: “Dispute Resolution and Family Business Succession : Transitioning to the Next Generation” , Annual Conference of Academy of Professional Family Mediators (San Diego, October 2014).
“Mediating Family Business Disputes”, ACR 2013 Annual Conference and New York State Dispute Resolution Association ,and 2013 Annual Conference, "Mediating Small and Family Business Disputes", ACR Annual Conference, (New Orleans, 2012 )
Mediating Disputes of Small and Family-Owned Companies, St. John's University Law School,2012
-"Mediating Family Business Disputes," New York Study Group, Family Firm Institute (New
York, May, 2011)
-"Bar and Bench Resistance to Mediation,"Annual Conference, Association for Conflict
Resolution, Greater New York Chapter (New York, June, 2011) "Limiting Manufacturer's Liability in the U.S.," Columbia University School of Business, June 2006 and June 2008; "Limiting Litigation Risks in the U.S.," Technical Universities Neu-Ulm, Germany/Munich, Germany, November 2004, September 2005, and January 2006; "Expanding Role of the Independent Director," Institute of Law and Finance, November 2005; "Family Business Succession Planning," German American Chamber of Commerce, April 2005; "The ADR Revolution in US Litigation," German American Law Association, November 1993.
$450 Per Hour
English
United States of America
New York, NY

The AAA provides mediators to parties on cases administered by the AAA under AAA mediation procedures. Mediations that proceed without AAA administration are not considered AAA mediations, even where parties select a mediator who is a member of an AAA mediation roster.